Okla. Admin. Code § 35:30-17-21

Current through Vol. 42, No. 4, November 1, 2024

Section 35:30-17-21 - [Effective 8/11/2024] Records required for pesticide applications and restricted use pesticide sales

(a) Commercial and non-commercial applicators shall keep accurate records pertaining to pesticide activities, which, at a minimum, show:

(1) Start and stop time of application.

(2) Total amount of pesticide used.

(3) Name and address of the commercial or non-commercial company.

(4) Name, certification number, and certification expiration date of the certified applicator who made or supervised the application and name of the non-certified applicator under direct supervision, if any.

(5) Name and address of person for whom applied.

(6) Legal description of the land where applied. The legal description may be a street address if properly marked, but shall not be a Post Office Box address.

(7) Date of application.

(8) Application rate.

(9) Dilution rate for mixing.

(10) Total quantity tank mix used.

(11) Complete trade name of pesticide product used.

(12) EPA registration number of pesticide product used.

(13) Name of adjuvants used when the label requires specific adjuvants.

(14) Name of drifting agents used when the label requires specific drifting agents.

(15) Target pest for the application.

(16) Site where the pesticide was applied.

(17) Size of the area treated.

(18) Restricted Entry Interval as stated on the product label.

(19) A copy of the pesticide product label or labeling that is attached to the container or included in the shipping case.

(20) Copies of any contracts issued.

(21) Copies of any wood infestation reports issued.

(22) Other information as required by the Board.

(b) Private applicators of restricted use pesticides shall keep accurate records pertaining to applications, which, at a minimum, show:

(1) Start and stop time of application.

(2) Total amount of pesticide used.

(3) Name and address of the private applicator.

(5) Legal description of the land where applied. The legal description may be a street address if properly marked, but shall not be a Post Office Box address.

(6) Date of application.

(7) Application rate.

(8) Dilution rate for mixing.

(9) Total quantity tank mix used.

(10) Complete trade name of pesticide product used.

(11) EPA registration number of pesticide product used.

(12) Name of adjuvants used when the label requires specific adjuvants.

(13) Name of drifting agents used when the label requires specific drifting agents.

(14) Target pest for the application.

(15) Site where the pesticide was applied.

(16) Size of the area treated.

(17) Restricted Entry Interval as stated on the product label.

(18) A copy of the pesticide product label or labeling that is attached to the container or included in the shipping case.

(19) Other information as required by the Board.

(c) Restricted use pesticide dealers shall keep accurate records of restricted use pesticide sales, which, at a minimum show:

(1) Complete brand name of the pesticide.

(2) EPA registration number of the pesticide.

(3) Date the pesticide was sold.

(4) Total amount of restricted use pesticide sold.

(5) Name and address of the residence or principal place of business of any person to whom the restricted use pesticide was distributed or sold for application by a certified applicator.

(6) Name, address, license or certification number, and certification expiration date, or copy of the applicator's card of a certified or private applicator.

(7) The category(ies) in which the applicator is certified relevant to the pesticide(s) sold.

(8) Other information as required by the Board.

(d) Failure to allow inspection of records by the Board, to provide copies of records to the Board when requested in person, or to provide a summary of records to the Board within seven (7) working days when requested by mail or in person shall be a violation of this section.

(e) Records retained pursuant to this section shall be easily accessible for inspection by authorized agents of the Board during reasonable business hours.

(f) Commercial and non-commercial applicators shall maintain records retained pursuant to this section at their principle place of business. A commercial or non-commercial applicator's principle place of business shall not be located in a closed gated community or at a residence unless the applicator submits a plan of access to the principle place of business and that plan is approved by the Board.

(g) Proof of training for a service technician making termite application shall be recorded by the licensee and available for review by the Department. The training records shall include the following information:

(1) Name;

(2) Date of training; and

(3) Service technician number.

Okla. Admin. Code § 35:30-17-21

Added at 17 Ok Reg 1018, eff 5-11-00; Amended at 20 Ok Reg 801, eff 5-12-03; Amended at 21 Ok Reg 751, eff 4-26-04; Amended at 22 Ok Reg 696, eff 5-12-05; Amended at 24 Ok Reg 1773, eff 6-25-07¹; Amended at 24 Ok Reg 1775, eff 6-25-07¹; Amended at 25 Ok Reg 647, eff 1-15-08 (emergency); Amended at 25 Ok Reg 1050, eff 7-1-08

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

Amended by Oklahoma Register, Volume 36, Issue 23, August 15, 2019, eff. 9/14/2019

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/12/2022

Amended by Oklahoma Register, Volume 41, Issue 22, August 1, 2024, eff. 8/11/2024

The agency promulgated two permanent amended versions of this Section (35:30-17-21) with the same effective date in 2007. Both versions were published in the 2007 OAC Supplement. The agency later reconciled the two versions through emergency rulemaking on 1-15-08 and permanent rulemaking on 7-1-08.